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Home My WebLink AboutProject PacketAGENDA ITEM Item No.: 10 Date: March 12, 2018 Item Description: #LA 18-000004 -Gates General Contractors o/b/o Chris & Leslie Neugent, 710 Big Island, Variances -Resolution Presenter: Melanie Curtis Planner Agenda Consent Agenda Section: 1. Purpose. This application is regarding average lakeshore setback variances to pennit expansion of the existing cabin. 2. MN§lS.99 Application Deadline. The application was received on December 29, 2017 and considered to be complete on January 17 1h. Therefore, the 60-Day review pe1iod expires on March 131h. 3. Background/ Summary. The owners are requesting an average lakeshore setback variance to pennit enlargement of two areas of their existing cabin; the screen porch expansion is 89 square feet and the mudroom expansion is 85 square feet. 4. Planning Commission Vote and Comment. On February 201" the Planning Commission held a public hearing. Following the public hearing the Planning Commission voted 5 to Oona motion to approve the requested variances. The Commission noted that the entire cabin is lakeward of the average lakeshore setback line and the improvements will not impact adjacent views. 5. Public Comment. Comments from the neighbors were received and are attached as Exhibit D. 6. Staff Recommendation . Staff recommends approval. COUNCIL ACTION REQUESTED Motion to adopt or amend the approval resolution. Exhibits Exhibit A. Draft Resolution Exhibit B. Proposed Plans Exhibit C . Draft PC Minutes Exhibit D. Public Comment Exhibit E. PC Staff Report References PC Exhibits 02/20/18 Exhibit A. Application Exhibit B. Practical Difficulties Documentation Fonn Exhibit C. Existing & Proposed Survey Exhibit D. Proposed Plans and Elevations Exhibit E. Resolution 6627 Exhibit F. Property Owners List Exhibit G . Plat Map Prepared By : l'Y1CC Reviewed By: J . Barnhart Approved By: Sb')J< CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO . --------- A RESOLUTION APPROVING VARIANCES FROM MUNICIPAL ZONING CODE SECTION 78-1279 FILE NO. LA18-000004 Council Exhibit A #LA 18-000004 WHEREAS, on December 29, 2017, Christopher Neugent and Leslie Neugent (he reinafter the "Applica nts "), applied for variances from the City Code for the property addressed 710 Big Island and legally described as: That part of Government Lot 6, Section 22, Township 117, Range 23 West, described as follows: Beginning at the intersection of the East line extended of Recreation Point (now vacated) with the shore of Lake Minnetonka; thence Westerly and Southerly along the shore line of said lake, to its intersection with the Southerly line extended of Lot H, said addition, vacated; thence Southeasterly through a point marked with a judicial monument distant 165 feet from the Southeast corner of said Lot H along the Southerly line thereof, to the Southeast corner thereof, which corner is marked by judicial monument; thence Southeasterly in a straight line to the Southwesterly corner of Lot T of said addition, vacated, which corner is marked by a judicial monument; thence Easterly along the Southerly line of said Lot T to the judicial monument,; thence North along the East line of said addition, vacated, through a point marked with a judicial monument distant 320 feet from said Southeast corner of said Lott, to the point of beginning (hereinafter the "Property"); WHEREAS, the Applicants have made application to the City of Orono for a variance to Orono Municipal Zon ing Code Section 78-1279 to a ll ow expansion of a screen porch and creation of a mudroom addit ion, lakewa rd of the average lakeshore setback line; and WHEREAS, on February 20, 2018, afte r published and mailed not ice in accordance with Minnesota Statutes and the City Code, the Planning Commission held a public hearing, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, on February 20, 2018, t he Planning Commission recommended approva l of the variances; and WHEREAS, on March 12, 2018, t he City Council reviewed the app li cat ion an d th e recommendations of t he Plann in g Commission a nd City staff; and C ITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO . --------- NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono , Minnesota hereby approves the requested variances as described above based on one or more of the following findings of fact concerning the Property: FINDINGS OF FACT: 1. This application was reviewed as Zoning File # LA 18-000004. The analysis contained within staff memos and the exhibits attached to the aforesaid memos , all minutes from the above mentioned meetings , and any and all other materials distributed at these meetings are hereby incorporated by reference. 2 . The Property is located in the RS Zoning District. 3. The Property contains 2.38 acres in area and has a defined lot width of ±380 feet at the 75 ' setback and ±460 feet at the OHWL. 4 . The Property is within Tier 1 and hardcover is limited to 25% according to the Stormwater Quality Overlay District. 5. Applicant has applied for the following variance[s]: a . Average Lakeshore Setback 6. In considering this application for variances , the Council has considered the advice and recommendation of the Planning Commission and the effect of the proposed variances upon the health , safety and welfare of the community , existing and anticipated traffic conditions , light and air, danger of fire , ri sk to the public safety , and the effect on values of property in the surrounding area . ANALYSIS: 1. "Variances shall only be permitted when they are in harmony with the general purposes and intent of the ordinance ." The variances are minimal and generally consistent with the intent of the ordinance . This criterion is met. 2. "Variances shall only be permitted when the variances are consistent w ith the comprehensive plan ." The requested variances are consistent with the residentia l goals with in the comprehensive plan . This criterion is met. 3. "Variances may be granted when the applicant for the variance establishes that there are practical difficulties in comply ing with the zoning ordinance . 'Practical difficulties ,' as used in connect ion with the granting of a variance , means that: 2 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL N O. ________ _ a . The property owner in question proposes to use the property in a reasonable manner, however, the proposed use is not permitted by the official controls. The minimal additions to the cabin are reasonable on this wooded, 2+ acre residential property. This criterion is met. b . The plight of the landowner is due to circumstances unique to his property not created by the landowner. The property's orientation at the point of the is land ; the separation between the subject cabin and the neighboring cabins; the existing tree stands comb ined with the elevation and setback of the existing cabin on the property in relation to the lake result in a unique circumstance allowing for a the cabin add itions to be almost completely screened from views off the property; and c . The variance, if granted, will not alter the essential character of the locality." The cabin additions will be screened adequate ly year-round , will be keeping with the style of the cabin, and w ill screened from views from off of the property. This condition is met. 4. "Economic considerations alone do not constitute pract ical difficulties." The Applicants have not requested considerat ion based on economic criteria . 5. "Pract ical difficulties also include but are not limited to inadequate access to d irect sunlight for solar energy systems. Variances shall be granted for earth-she ltered construction as defined in Minn. Stat. § 216C.06 , subd. 2, when in ha rmony with Orono City Code Chapter 78." Th is criteria is not applicable . 6. "The board or the council may not permit as a variance any use that is not permitted under Orono City Code Chapter 78 for property in the zone where the affected person's land is located ." T he use is permitted; this criteria is not app li cable. 7. "The board or counci l may permit as a variance the temporary use of a one-family dwe lling as a two-family dwelling ." This criteria is not appl icable . 8. "The special conditions apply ing to the structure or land in question are peculiar to such property or immediately adjoining property ." The property is an existing lot of record and contains a large number of mature trees for screening. The topography of the property increases as it moves away from the lake and the owner feels the proposed additions to the cabin are logical and will not adversely impact adjacent properties. This criterion is met. 3 CITY OF ORONO RESOLUTION OF THE CITY COUNCIL NO . --------- 9. "The conditions do not apply generally to other land or structures in the district in which the land is located ." The property is situated at the northwestern most point of the island . The applicant's proposal does not appear to be out of character with the area . This criterion is met. 10. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant." This statement is true . 11. "The granting of the proposed variance will not in any way impair health , safety , comfort or morals , or in any other respect be contrary to the intent of this chapter." The proposed cabin additions will not impair the health, safety, comfort or morals of the public.This criterion is met. "The granting of such variance will not merely serve as a convenience to the applicant , but is necessary to alleviate demonstrable difficulty ." The Applicants have demonstrated practical difficulties which support granting average lakeshore setback variances to permit the improvements lakeward of the average lakeshore setback line. This criterion is met. CONCLUSIONS, ORDER AND CONDITIONS: Based upon one or more of the above findings , the Orono City Council hereby denies variances from Orono Municipal Zoning Code Sections 78-1279 to permit construction of the mud room and screen porch addition lakeward of the average lakeshore setback; subject to the following conditions: 1. Council approval is based on the survey by Kemper & Associates , Inc. dated 12/13/17 and building plans dated 12/08/17 submitted by the Applicants and annotated by City staff, attached to this Resolution as Exhibits A & B. Any amendments to the plans which are not in conformity with City codes may require further Planning Commission and City Council review. 2. Authorities granted by this resolution run with the Property not with the Applicants , but are permissive only and must be exercised by obtaining a building permit for the new construction and commencing construction of said project. A framing inspection must be completed on the cabin additions within one year of the date of Council approval, or the variances will expire on that date (March 12, 2019). 3. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein , and shall be punishable as a misdemeanor. 4 C ITY OF ORONO RESOLUTION OF TH E CITY C OUNCIL NO. --------- 4. The undersigned Applicants have read, understand and hereby agree to the terms of th is resolution and on behalf of the Applicants and the Applicants' heirs , successors and assigns, hereby ag ree to the recording of this resolution in the chain of title of the Property. ADOP T ED by the Orono City Council on this 121h day of Ma rch , 20 18. ATTEST : CITY OF ORONO: Anna Carlson, City Clerk Dennis Walsh , Mayor 5 "It c::,~~~==~~;i;~:===~~~~~~~~~~~~~~================-c::, ci8 0 >C q Z W 00 'I"" ATES INC . RVEYORS THE NEUGENT PR.OPER. 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" ... ..,,_< ___ ,,...,., ... -.--(~·""'" IMPERIAOCIS SURfACE COVER.A.CC 8EYONO 75' Of" OROINARY HIGH WAltR LE\'El.. ..... .,, ... .,, ........ u ........ .,.. ____ ,_,_.,. ...... __ ,.. __ '""'""""""''- .,.._..o...,_,.,....,.n --•,....•ou.i:,t>ftCI• ...... , -----··" ._ . .._ . .....,. ___ ,., ... " ..,, .... ..,,.so .(u•.,,....,,,.,.....,..........,'> CHRISTOPHER ol<lESUE NEI.IC(NI AAO<ITtCT· 2110F'CIIIICOCS!CEN OAlt MUlFlMCCR.rAIA H YlAIA. -£SOTA ~"'31 s.ol,t, MOil1'!:CT5. NC. J2e [ASIM(NN[J>tf<A\{N1J[,Slll1t200 .. NM(.<P(U$.N:HN£501A~1' 51Z -379-30JI ru s12-~19-0001 , ... oa-........... ,_ ...... , ........ lt.:"' ~i ~,w~ \~o.-;t,!,/ .,,_..,,L ~.::.\""..i...'Z ?1d-..E._. ''''1111\\\\ { I t~J / / ,/0-· / ~ ',~~, '- ·,"- '11 ,-1 l·J i j 1 I . . I I I I I I I ' l l_1 Lil ~ 1 j l I i I 1-, r. ;.J_ __ ···- room name: l I n ---~::=JE:::::::n=-=o----=n.=.::.....:. +-' 0 .E -,, ;····--·----··--~ ~ I ~ FQUR SEASQH pgpt u ',, L ·-------·-----· -I ."' !-·--------··-_j \~--\T! J ----··---··-d--r ~ A n r =-,=-~ i -i ! 1 ,--· L/ "'J ,-··-·1 ---~-._, ==~;::.;;;;:;:JJb. ii: r=--J. :::---~ _ R. i i , I --···-. I '1 ·1 ~ ~ ~ FlE:!Ei ~ " ' . . C: m ai I ~; ! j ~ 1 'I ! t .i 1'-1· BEDROON1 -~ L ·-: f 1 y I. . __ -·-=c ··-·· ·c :~: ."'. '_r:::::::::i..:.. .. _J)-..::::..£ :r~·-c::::::::·-:L ... r::::::-·r:·.::.:=)j cUent details: architect: SALA ARCHITECTS ::::, C c:,-0 en ·-_. CX) ·-. -0 CX) -0 ex:, ro - date: +-' 0 .E Q) .... ro ::::, C c:,-0 en·-+-' CX) ·-. -0 "Q" -0 ex:, ro - 12/08/17 D FIRST FLOOR NEUGENT (CABIN) 2110 PORTICO GRE E N WAYZATA, MN 55391 controcror: BCaJ.e: II I IO 11\IO,O ~~: .. 4c· .. -:J. ~: .. $~ ::~::' GATES 1 /Au = 1 1011 FLOOR PLAN: CONCEPT ONtY D .... s .. ,o,o ,~ ...... ,T SI. 11u,u 't4 1 .,,-1,..,0.,s .... u~•• room name: EXTERIOR PLAN cllent details: NEU GENT (CABIN) 2110 PORTICO GREEN WAYZATA , MN 55391 i _,/----·------·-, : i ,f ·,l\ . /,,. ',:. // \\ ii/., ;,'-, I \ .c~,.,,/ I , i -~z ,[ \ \ '-r-··----3 I "--. " 1 ITT! ·frlr--------..~i-==i 1 t:J. 1~1( 1---i~1:31rr~·-·-r 11 1 iSII I ~ 1n---u.l~- ~ 1·m-:,: ·" .1 [-···· ' Ii ~~ arclutect: SALA ARCHITEC T S contractor. GAT>'~ dat.e: 12/08/17 scal.e: 1 / 1 /... II -1 I" U FLOOR PLAN: PORCH EXERTIOR MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, November 20, 2017 6:30 o'clock p.m. 4. LAlS-000004 GATES GENERAL CON1RACTORS, INC., 710 BIG ISLAND, VARIANCES, 7:39 P.M.-7:44 P.M. Chris Neugent, Gates General Contractors , was present. Council Exhibit C #LA 18-000004 Curtis noted in 2016 variances were granted to the property pennitting additions to an existing cabin on the property which had been reconstructed from an old historic footprint. The property owners are now requesting an average lakeshore setback variance to pennit enlargement of two additional areas of the cabin. The enlargements include an 89 square foot screen porch expansion and an 85 square foot mudroom addition. Due to the property 's orientation and the relationship spatially to the two adjacent lakeshore lots , the entire property is lakeward of the average lakeshore setback line with no legal buildable area. Staff finds practical difficulties inherent to the point-like nature of the lot and support granting the variance to the average lakeshore setback. Hardcover and structural coverage are not issues. Curtis stated no public comments have been received . Thiesse commented he believes the last time the applicants were here they wanted to encroach into the 0-75 foot area and the Planning Commission did not recommend that. Curtis indicated that is correct. Chris Neugent, Gates General Contractors , stated he had nothing to add to Staffs repo1t. Chair Thiesse opened the public hearing at 7:43 p.m. There were no public conunents regarding this application . Chair Thiesse closed the public hearing at 7:43 p.m. Thiesse commented the application is fairly straight forward. MINUTES OF THE ORONO PLANNING COMMISSION MEETING Monday, November 20, 2017 6:30 o'clock p.m. Landgraver concurred that it is fairly straight forward and they are not proposing huge additions. Landgraver stated he is in favor of the application. Leskinen moved, Schoenzeitseconded, to recommend approval of Application No. LA18-000004, Gates General Contractors,Inc., 710 Big Island, granting ofaverage lakeshore setback variances. VOTE: Ayes 5, Nays 0. From: To: Brian Dahl Melanie Cu rtis Council Exhibit D #LA 18-000004 Subject: Fwd: Nugents addition Date: Wednesday, February 21 , 2018 8:27:31 AM Melanie, Thanks again for leading us last night. Please find attached an email in suppot1 of the project. Respectfully , Brian Sent from my iPhone Begin forwarded message: From: janie hill <j anieahill @gma il.com> Date: February 20 , 2018 at 7:59:30 PM CST To: brian@ gatesgeneralcontractors.com Subject: Nugents addition To Whom it May Concern, Chris and Leslie Nugent are my next door neighbors on Big Island , Lake Minnetonka . I have enjoyed getting to know them over the past two years and cannot think of better people to hav e as friends /neighbors . My cabin family and I are thrilled that they purchased the property . Their home on the island has been beautifully designed to recreate the original property from the early l 900's. It fits in so well with the island's historic connection. I know that they are currently remodeling parts of the interior to better fit the needs of their family. They are also hoping to extend the 4 season porch and add a mud room. I am certain that any changes that they would do to the cabin would be done in great taste and would only add to the overall aesthetic beauty of the home . As the Nugent's island neighbor, I would be in complete support of any external changes that they would like to have done . Sincerely, Janie Hill Property owner 700 Big Island Sent from my iPad Date Application Received: 12/29/17 Date Application Considered as Complete: 01/17 /18 60-Day Review Period Expires: 03/18/18 To: From: Date: Chair Th iesse and Planning Commission Members Dustin Rief, City Administrator Melanie Curtis, Planner l'Y1CC 20 February 2018 Council Exhibit E #LA 18-000004 Subject: #LA18-000004, Gates General Contractors o/b/o Chris & Leslie Neugent, 710 Big Is land Variances Public Hearing Application Summary: The applicant is request i ng average lakeshore setback variances to make modificat ions to the existing cab i n. Staff Recommendation: Planning Department Staff recommends approval. Background Variances were granted i n 2016 (File 16-3618) permitting additions to an existing cabin on the property. The property owners have reevaluated thei r space needs and are requesting an average lakeshore setbac k variance to permit enlargement of two areas of the cab i n; the screen po rch expansion is 89 square feet and the mudroom expansion is 85 square feet. LOT ANALYSIS WORKSHEET Section 78-570 & 78-1279 -Setbacks: RS DISTRICT Required Existing Proposed South Side 50' 81.7' Cabin= No Change East Side 50' ±250' Cabin= 261' Lakeshore 75' Cabin (screen porch)= 75' Cabin (screen porch)= 75' Average Lakeshore The entire property is located lakeward of t he average lakeshore setback line determined by the properties at 700 Big Island and 720 Big Island . Section 78-1403-Structural Coverage: This property exceeds 1.99 acres therefore is not subject to the 20% structural coverage lim itation. Section 78-1700 -Hardcover Calculations: Stormwater Total Area in Allowed Existing Proposed Overlay District Tier Zone Hardcover Hardcover Hardcover Tier 1 103,738 s.f. 25,934 s.f. 2,275 s.f. 3,673 s.f. (25 %) (2.2%) (3.5%) Applicable Regulations: Average Lakeshore Setback Variance (Section 78-1279) FILE #LA18-000004 20 Feb 2018 Page 2 of 4 The property is situated on the northwestern-most point of Mahpiyaha Island, the western island portion of Big Island . Due to the property's orientation and the relationship spatially to the two adjacent lakeshore lots (and cabins) the entire property is lakeward of the average lakeshore setback line with no legal buildable area . The applicant's proposal includes construction of additions to the existing cabin. There are many mature trees and between 250 and 500 feet of separation between the project areas and the adjacent cabins on 700 and 720 Big Island. Governing Regulation: Variance (Section 78-123) In reviewing applications for variance, the Planning Commission shall consider the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire , risk to the public safety, and the effect on values of property in the surrounding area. The Planning Commission shall consider recommending approval for variances from the literal provisions of the Zoning Code in instances where their strict enforcement would cause practical difficulties because of circumstances unique to the individual property under consideration, and shall recommend approval only when it is demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning Code . Economic considerations alone do not constitute practical difficulties . Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn . Stat.§ 216C.06, subd. 2, when in harmony with this chapter. The board or the council may not permit as a variance any use that is not permitted under this chapter for property in the zone where the affected person's land is located. The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. According to MN §462 .537 Subd . 6(2) variances shall only be permitted when: 1. The variance is in harmony with the general intent and purpose of the Ordinance. The variances are minimal and generally consistent with the intent of the ordinance. This criterion is met. 2. The variance is consistent with the comprehensive plan. The requested variances are consistent with the residential goals within the comprehensive plan. This criterion is met. 3. The applicant establishes that there are practical difficulties. a. The property owner proposes to use the property in a reasonable manner not permitted by the official controls; The minimal additions to the cabin are reasonable on this wooded, 2+ acre residential property. This criterion is met. b. There are circumstances unique to the property not created by the landowner; The property's orientation at the point of the island; the separation between the subject cabin and the neighboring cabins; the existing tree stands combined with the elevation and setback of the existing cabin on the property in relation to the lake result in a unique circumstance allowing for a the cabin additions to be almost completely screened from views off the property; and c. The variance will not alter the essential character of the locality. The cabin additions will be screened adequately year-round, will be keeping with the style of the cabin, and will screened from views from off of the property. This condition is met. F ILE #LA18-000004 20 Feb 2018 Page 3 of 4 Additionally City Code 78-123 provides additional parameters within which a variance may be granted as follows: 4. Economic considerations alone do not const itute practical difficulties. Economic considerations have not been a factor in the variance approval determination. 5. Practical difficult ies also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances sha ll be granted for earth-sheltered construction as defined in Minn. Stat. § 216C.06, subd. 2, when in harmony with Orono City Code Chapter 78. This condition is not applicable. 6. The board or the council may not permit as a variance any use that is not permitted under Orono City Code Chapter 78 for property in the zone where the affected person's land is located. This condition is not applicable, as the use for a residential cabin is an allowed use in the RS District. This criterion is met. 7. The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. This condition is not applicable. 8. The special conditions app ly i ng to the structure or land in question are pecu lia r to such property or immediately adjoining property. The property is an existing lot of record and contains a large number of mature trees for screening. The topography of the property increases as it moves away from the lake and the owner feels the proposed additions to the cabin are logical and will not adversely impact adjacent properties. This criterion is met. 9. The cond itions do not apply generally to other land or structures in the district in which the land is located . The property is situated at the northwestern most point of the island. The applicant's proposal does not appear to be out of character with the area. This criterion is met. 10. The granting of the applica t ion is necessary for the preservation and enjoyment of a substantial property right of the applicant. This statement is true. 11. The granting of the proposed variance w ill not in any way impair health, safety, comfort or morals, or in any other respect be contra ry to the intent of this chapter. The proposed cabin additions will not impair the health, safety, comfort or morals of the public. This criterion is met. 12. The granting of such variance will not mere ly serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. This statement is true. The Commission may recommend or Council may impose cond itions in granting of variances. Any cond itions i mposed must be directly related to and must bea r a rough proportionality to the impact created by the variance. No variance sha ll be granted or changed beyond the use permitted in this chapter i n the district where such land is located. Practical Difficulties Statement Applicant has completed the Practical Difficulties Documentation Form attached as Exhibit B, and should be asked for additional testimony regard in g the application. Practical Difficulties Analysis Staff finds due to the nat u re of the lot at the point of the island there are practical difficulties supporting granting the average lakeshore setback var i ances for the cabin . The applicant's desire to utilize the existing footings from the o ld cabin is consistent with the previous owner's plan to keep to the historic footprint of the cabin. The location of the existing cabin situated right at the lake setback on the north side may serve as a practical difficu lty for the owner. Public Comments To date, no public comments have been received. Issues for Consideration FILE #LA18-000004 20 Feb 2018 Page 4 of 4 1. Does the Planning Commission find that that the property owner proposes to use the property in a reasonable manner which is not permitted by an official control? 2 . Does the Planning Commission find that the variance(s), if granted, will not alter the essential character of the neighborhood? 3. Does the Commission find it necessary to impose conditions in order to mitigate the impacts created by the granting of the requested variance(s)? 4 . Are there any other issues or concerns with this application? Planning Staff Recommendation Staff recommends approval. List of Exhibits Exhibit A. Exhibit B. Exhibit C. Exhibit D. Exhibit E. Exhibit F. Exhibit G. Application Practical Difficulties Documentation Form Existing & Proposed Survey Proposed Plans and Elevations Resolution 6627 Property Owners List Plat Map PC Notes 022018 #LA18-000004, Gates General Contractors o/b/o Chris & Leslie Neugent, 710 Big Island In 2016 variances were granted in 2016 to the property to permit additions to the existing cabin on the property. The owners are now requesting an average lakeshore setback variance to permit enlargement of two areas of the cabin; an 89 square foot screen porch expansion and the addition of an 85 square foot mudroom. Due to the property's orientation and the relationship to the two cabins on the adjacent lakeshore lots the entire property is lakeward of the average lakeshore setback line resulting in no legal buildable area. Staff finds there are practical difficulties inherent to the nature of the lot situated at the point of the island supporting granting the average lakeshore setback variances for the cabin additions. To date, no public comments have been received. Tonight, Staff recommends approval. According to MN §462.537 Subd. 6(2) variances shall only be permitted when: l. The variance is in harmony with the general intent and pu r pose of the Or dinance. The variances are minimal and generally consistent with the intent of the ordinance. This criterion is met. 2. The variance is consistent with the comprehensive plan. The requested variances are consistent with the residential goals within the comprehensive plan. This criterion is met. 3. The applicant establishes that there are practical difficu lt ies. a. The property owner proposes to use the property in a reasonab le manner not perm itted by the official controls; The minimal additions to the cabin are reasonable on this wooded, 2+ acre residential property. This criterion is met. b. There are circumstances unique to the property not created by the landowner; The property's orientation at the point of the island; the separation between the subject cabin and the neighboring cabins; the existing tree stands combined with the elevation and setback of the existing cabin on the property in relation to the lake result in a unique circumstance allowing for a the cabin additions to be almost completely screened from views off the property; and c. The variance will not alter the essentia l character of the locality. The cabin additions will be screened adequately year-round, will be keep i ng with the style of the cabin, and will screened from views from off of the property. This condition is met. Additiona ll y City Code 78 -123 provides add itional parameters within wh ich a variance may be granted as follows: 4. Economic cons iderations alone do not constitute p r act ica l difficulties. Economic considerations have not been a factor in the variance approval determination. 5. Pract ical d ifficulties also include but are not limited to inadequate access to d i rect sunl ight for solar energy systems. Var iances sha ll be granted for earth -sheltered construction as defined in M i nn. Stat.§ 216C.06, subd. 2, when in harmony with Orono City Code Chapter 78. This condition is not applicable. 6. The board o r the counc i l may not perm it as a variance any use that is not permitted under Orono City Code Chapte r 78 for property i n the zone where the affected person's land is located . This condition is not applicable, as the use for a residential cabin is an allowed use in the RS District. This criterion is met. 7. The boa rd or council may permit as a variance the temporary use of a one-fami ly dwell ing as a two-family dwelling. This condition is not applicable. 8. The spec ial condit ions app lying to the structure or land in questio~ are peculiar to such property or immediate ly adjo i ning property. The property is an existing lot of record and contains a large number of mature trees for screening. The topography of the property increases as it moves away from the lake and the owner feels the proposed additions to the cabin are logical and will not adversely impact adjacent properties. This criterion is met. 9. The cond itions do not app ly generally to other land or structures in the d istrict in wh ich the land is located. The property is situated at the northwestern most point of the island. The applicant's proposal does not appear to be out of character with the area. This criterion is met. 10. The grant i ng of the applicat ion is necessa ry for the preservation and en j oyment of a substant ial property right of the applicant. This statement is true. 11. The granting of the proposed var iance w ill not in any way impair health, safety, comfort o r mora ls, or in any other respect be contrary to the intent of this chapter. The proposed cabin additions will not impair the health, safety, comfort or morals of the public. This criterion is met. 12. The grant ing of such variance will not mere ly serve as a convenience to the applicant, but is necessary to all eviate demonstrab le difficulty. This statement is true. Date Application Received : 12/29/17 Date Application Considered as Complete : 01/17/18 60-Day Review Period Expires: 03/18/18 To: From: Date: Chair Thiesse and Planning Commission Members Dustin Rief, City Administrator Melanie Curtis, Planner \'YICC 20 February 2018 Item 4 Subject: #LA18-000004, Gates General Contractors o/b/o Chris & Leslie Neugent, 710 Big Island Variances Public Hearing Application Summary: The applicant is requesting average lakeshore setback variances to make modifications to the existing cabin. Staff Recommendation: Planning Department Staff recommends approval. Background Variances were granted in 2016 (File 16-3618) permitting additions to an existing cabin on the property. The property owners have reevaluated their space needs and are requesting an average lakeshore setback variance to permit enlargement of two areas of the cabin; the screen porch expansion is 89 square feet and the mudroom expansion is 85 square feet . LOT ANALYSIS WORKSHEET Section 78-570 & 78-1279 -Setbacks: RS DISTRICT Required Existing Proposed South Side 50' 81.7' Cabin = No Change East Side SO' ±250' Cabin= 261' Lakes ho re 75' Cabin (screen porch)= 75' Cabin (screen porch)= 75' Average Lakeshore The entire property is located lakeward of the average lakes ho re setback line determined by the properties at 700 Big Island and 720 Big Island. Section 78-1403-Structural Coverage: This property exceeds 1.99 acres therefore is not subject to the 20% structural coverage limitation. Section 78-1700 -Hardcover Calculations: Stormwater Total Area in Allowed Existing Proposed Overlay District Tier Zone Hardcover Hardcover Hardcover Tier 1 103,738 s.f. 25,934 s.f. 2,275 s.f. 3,673 s.f. (25%) (2.2%) (3.5%) Applicable Regulations: Average Lakeshore Setback Va r iance (Section 78-1279) F ILE #LA 18-000004 20 Feb 2018 Page 2 of 4 The property is situated on the no rt hwestern-most point of Mahp iyaha Island, the western island portion of Big Island . Due to the property's orientation and the re lationship spatially to the two adjacent lakeshore lots (and cabins) the entire property is lakeward of the average lakeshore setback li ne with no legal buildable area. The app li cant's proposal includes construction of addit ions to the ex isting cabin. There are many mature trees and between 250 and 500 feet of separation between the project areas and the adjacent cabins on 700 and 720 Big Island. Governing Regulation: Varia nce (S ection 78-123) In reviewing applications for variance, the Planning Commission shall consider the effect of the proposed variance upon the health, safety and welfare of the community, existing and anticipated traffic conditions, light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area . The Planning Commission shall consider recommending approval for variances from the literal provisions of the Zoning Code in instances where their strict enforcement would cause practical difficulties because of circumstances unique to the individual property under consideration, and shall recommend approval only when it is demonstrated that such actions will be in keeping with the spirit and intent of the Orono Zoning Code. Econom ic considerations alone do not constitute practical difficu lt ies. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems . Variances shall be granted for earth-sheltered construction as defined i n M i nn. Stat. § 216C.06, subd . 2, w hen in harmony with this chapter . The board or the council may not permit as a variance any use that is not pe r m itted unde r this chapte r for property in the zone where the affected person's land is located. The board o r counc i l may permit as a variance the tempo rary use of a one -family dwell i ng as a two-family dwelling. According to MN §462 .537 Subd. 6(2) variances sha ll only be permitted when : 1. The variance is in harmony with the general intent and pu r pose of the Ordinance. The variances are minimal and generally consistent with the intent of the ordinance. This criterion is met. 2. The var iance is consistent with the comprehensive plan. The requested variances are consistent with the residential goals within the comprehensive plan. This criterion is met. 3. The applicant establishes that there are practical difficulties . a. The property owner proposes to use the property in a reasonable manner not perm itted by the official controls; The minimal additions to the cabin are reasonable on this wooded, 2+ acre residential property. This criterion is met. b. There are ci rcumstances unique to the property not created by the landowner; The property's orientation at the point of the island; the separation between the subject cabin and the neighboring cabins; the existing tree stands combined with the elevation and setback of the existing cabin on the property in relation to the lake result in a unique circumstance allowing for a the cabin additions to be almost completely screened from views off the property; and c. The variance will not alter the essentia l character of the local ity. The cabin additions will be screened adequately year-round, will be keeping with the style of the cabin, and will screened from views from off of the property. This condition is met. FILE #LA 18-000004 20 Feb 2018 Page 3 of 4 Additionally City Code 78 -123 provides additional parameters within which a variance may be granted as follows : 4. Economic considerations alone do not constitute practical difficulties. Economic considerations have not been a factor in the variance approval determination. 5. Practical difficulties also include but are not limited to inadequate access to direct sunlight for solar energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn. Stat.§ 216C.06, subd . 2, when in harmony with Orono City Code Chapter 78. This condition is not applicable. 6. The board or the council may not permit as a variance any use that is not permitted under Orono City Code Chapter 78 for property in the zone where the affected person's land is located. This condition is not applicable, as the use for a residential cabin is an allowed use in the RS District. This criterion is met. 7. The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling. This condition is not applicable. 8. The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property. The property is an existing lot of record and contains a large number of mature trees for screening. The topography of the property increases as it moves away from the lake and the owner feels the proposed additions to the cabin are logical and will not adversely impact adjacent properties. This criterion is met. 9. The conditions do not apply generally to other land or structures in the district in which the land is located. The property is situated at the northwestern most point of the island. The applicant's proposal does not appear to be out of character with the area. This criterion is met. 10. The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the applicant. This statement is true. 11. The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter. The proposed cabin additions will not impair the health, safety, comfort or morals of the public. This criterion is met. 12. The granting of such variance will not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrable difficulty. This statement is true. The Commission may recommend or Council may impose conditions in granting of variances. Any conditions imposed must be directly related to and must bear a rough proportionality to the impact created by the variance. No variance shall be granted or changed beyond the use permitted in this chapter in the district where such land is located . Practical Difficulties Statement Applicant has completed the Practical Difficulties Documentation Form attached as Exhibit B, and should be asked for additional testimony regarding the application. Practical Difficulties Analysis Staff finds due to the nature of the lot at the point of the island there are practical difficulties supporting granting the average lakes ho re setback variances for the cabin. The applicant's desire to utilize the existing footings from the old cabin is consistent with the previous owner's plan to keep to the historic footprint of the cabin . The location of the existing cabin situated right at the lake setback on the north side may serve as a practical difficulty for the owner. Public Comments To date, no public comments have been received . Issues for Consideration FILE #LA 18-000004 20 Feb 20 18 Page 4 of 4 1. Does the Planning Commiss ion find that that the property owner proposes to use the property i n a reasonable manner which is not perm itted by an officia l control? 2. Does the Planning Commission find that the variance(s), if granted , will not alter the essential character of the ne ighborhood? 3. Does the Comm ission find it necessa ry to impose conditions i n order to mitigate the impacts created by the granting of the requested variance(s)? 4. Are there any othe r issues or concerns w ith this applicat ion? Planning Staff Recommendation Staff recommends approva l. List of Exhibits Exhibit A. Exhib it 8. Exhibit C. Exhibit D. Exhibit E. Exhibit F. Exhibit G. App li cation Pract ical Difficulties Documentatio n Form Exist i ng & Proposed Survey Proposed Plans and Elevations Resol ution 6627 Property Owners List Plat Map City of Orono Variance Application Street Address: 2750 Kelley Parkway Orono, MN 55356 Main: 952-249-4600 fax: 952-249-4616 Mailing Address: P .O. Box66 Crystal Bay , MN 55323-0066 Application # Date Received: Staff: Fee: Escrow: Notes: $700 $700 I $2,500 PC Exhibit A #LA 18-000004 Please complete. Applicant will be notified within 15 days as to the status of the application. Incomplete applications will not be placed on Planning Commission Agenda . SITE LOCATION: ):IQ ;:f229 ~u:d DESCRIPTION OF REQUEST: ------------------------ (attach additional sheets as necessary) APPLICANT INFORMATION: 0'check here if AA licant address sho Id be used for billing Applicant: . · "' Phone (Primary): Mailing Address: Email: • Certify that the infonnation supplied is true and correct to the best of his/her knowledge. The applicant and property owner recognize that they are solely responsible for submitting a complete application being aware that upon failure to do so, the staff has no alternative but to reject it until it is complete or to recommend the request for denial of the request regardless of its potential merit. • The Property Owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property by City Staff, consultants, agents, Commission and Council Members for purposes of investigation and verification of this request. • Property Owner and/or Applicant acknowledge they must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant and/or property owner is unable to attend a scheduled meeting, please make arrangements to have an authorized representative attend in place of the applicant/owner and advise the City Planner assigned to your project . • Applicant Signature: Date: I?:: \ k: i T Applicant Signature: ( Property Owner Signature: Property Owner Signature: Date: Variance Application -January 2017 Page4 DATA PRIVAC Y ADVISORY In accordance with Minnesota State Statute 13.04 Rights of Subjects of Data, Subd . 2, "Tennessen warning", we would like to inform you that your request for a permit or license from the City of Orono or any of its departments may require you to furnish certain private or confidential information . You are notified that: 1. The information you furnish will be used to determine your qualification for the permit or license requested . 2. You may refuse to supply data, but refusal may require that the City deny the permit or license. 3. The information may be shared with other local, state or federal agencies to the extent necessary to process the permit or license . 4. If your requested permit or license requires Council action to approve, some information may become public. 5. You have certain rights under Minnesota State Statute 13.04 (see following page) to review private data on yourself . 6. Your full name is required to process this application or permit. First ·z_1 IQ Address yv\ 11,., ) State" Z ~~, Ip 452-.· ZZb · ~1'2... Phone City Variance Application -January 2017 Page 14 PC Exhibit B PRACTICAL DIFFICULTIES DOCUMENTATION FORM #LA 18-000004 This form is a required submittal for ALL variance applications. An application will not be considered complete or placed on any meeting agendas until this form is complete and submitted to the City. Minnesota State Statutes Section 462.357, Subdivision 6(2) requires that practical difficulties be demonstrated in order for a variance to be granted. The difficulties must be unique to the property as variances run with the land and not the land owner. Personal and economic situations are not considered valid practical difficulties. In order for an application to be heard by the Planning Commission and City Council practical difficulties having merit must be demonstrated. HOW DO I PROVE A PRACTICAL DIFFICULTY? This form has 12 points outlining the basis City staff uses to determine if practical difficulties exist and how the variance will affect the surrounding community. To prove practical difficulties, address all the relevant points listed below and answer them as clearly as possible. Since you are requesting the code exception, you have the burden of proving that the variance is justified. The information the City receives is what is used in determining a denial or approval recommendation . If you leave something out it will not be considered . Please address each of the twelve practical difficulties criteria as they relate to the request, if they do not apply, write NIA in the space provided: 1. "The property owner pro oses to use the property in a reasonable manner not permitted ,by the Zoning C ' 2. 3. ''The variance, if granted, will not alter\t~e essential character of the locality~~ !: ~ ;I~ <Uo,,['~0:4•c:C!,. \,>,) 1 ,\\. l/tc:C ~ ~,e_~r 4 . "Economic considerations alone do not constitute practical difficulties if reasonable use for the property exists under the terms of the Zoning Chapter." -~ ~ ~ .. rlb, , ~~x., ... ~~~~~ 5. "Pra~i~f~1es ~~~t ~ li~~=c~~unliJ~so~ systems. Variances shall be granted for earth sheltered construction as defined in Minnesota Statutes , Section 116J .06, Subd. 2, when in harmony with this Chapter." ~ 6 . "The Board of Appeals and Adjustments or the Council may not permit as a variance any use that is not allowed under this Chapter for property in the zone where the affected person's land is located." Variance Application -January 2017 Page 7 7. "The Board or Council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling." 8. "The special conditions applying to the structure or land in question are peculiar to such property or immediately a~~gp~ &~· ) ~ ~ %~= ~~.,~~tit~ 10. "The granting of the application is necessary for the preservation and enjoyment of a substantial property right of the plicant." 11. "The granting of the proposed variance will not in any way impair health, safety, comfort, morals, or in any ot ·~ ~toEtof~eZoningCodeif ~~ , . ~~ #A 6';;~ Lt-~i ~ 12. "The granting of such variance wil l not merely serve as a convenience to the applicant, but is necessary to alleviate demonstrab e difficulty." , ~ Practical Difficulties Statement Should you feel the practical difficulties cannot fully be described in the above criteria, describe the practical difficulties preventing compliance with Zoning Ordinance requirements in the following lines (attach additional sheets if necessary): Variance Application -January 2017 PageB KEMPER & ASSOCIATES INC. PROfESS IONAL LA.NO SURVEYORS 7110!.0-AYB N• NCW IIIIO<l'ON,..,N>l[501A ,,112 e,,-~1 -o.,e,1 ru&,1-6.J!-~ -·---·-ft--... l ·-·--,-.- LAKE MI NNETONKA -·-an,,-··"'""'"'"'') o.o-tt •-a<w-·..,'"Nl'"fl"" c., ........ .._,,,__,...oo' ~~i~ LEGEND -o -• Ms~~ l*I S'"a~ ~ ZCNINC RfQIJMMENT'S -"··--·--... -· -....<:, ..... ___ , ......... -.......... -, _..,._ ... ... -.-............. . --·=--::~----,-u ............ . ........... _ .. ,_..... .. ..... _,_.._ ..... _.. .,,.. _____ _ ....... _..._,,.,auc: .. ~~r.:-::- ~---==:::.::.. .... 1:i:~1i~~1 ?.=Ei:~:::.:s:r= VICINITY l.4AP (>OOSC::AU:) CERTIFICATE OF SURVEY SOUT><•Ultll.TSO((lr710811l~ CIT"<O,:OIIONO,MtNNCl'!NCOUNn', lllNMOOU THE NEUGENT PR.OPER. TY 710 BIG ISLAND CITY OF ORONO, HENNEPI N COUNTY , MI NNES OTA {PROPOSED HARDCOVER CALCULATIONS) LAKE MINNETONKA ~r~, =--~~:.:~::::":; i :..-:!;;~ i:"' ... ~..:C:~""='·=\"""' ~~~·~'« \_ ,,: ,. 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AREA SUMMAR Y SlJt..((:IPflOP'tlllY• tt0J,1J11SO rl OIi U .JIJOQII'.$ (IOOIIOl'IMYlat\N\fAl[Jll.('<[L) ("'5nfll(;MCIJS(f00-l •1,l ~S0TI l'l[!Xll"$lll\JCTtll -olll).,,.0-,I $1t"'S . ~»so. ... l l.tA50HPOllo+•1~SOH a:U.<R l!UO(HC>o -t •son c,:r1onNCS1<tD•oo-•,~sorr tmnNCsTON{ •.ou(SlPnc). •• so.n CICIS1IMCS1MSl(P$(~l-72SO." ("'511NC IIOJI.Dllll •AUS (9'0IIC) • 1111 50. TT ()CISTI"GSla,,1£H US(-)•1JSO.fl. [,OSIIHCl.U[s«(: .... Of'Y(SHOIIIC)•Z~S0.'1 [JDSnNC<'a[90W(-}•II S0rl. ~-o,,.,c;"°°'-"USO,H Pl!(IP05CO l $£Aso,rl'OIIC.,.o(IOll'l()ll•89SOH TOfAl.~te~SSUW.t.ClCOY[IU.Cl• 1,lt8 SO.TT. (I .O,:OT"'OO'(•IYA01£ATO(lltOefMY HIQl,!WA lt•lL'CI.) ,. ... ,, .......... ___ ,.....,.., llol"°"'10US SUltf'Aa: COYERAOC ... THIN 7$' or OAOIHAAY tGl WAlCII U',C. ··-·-, .... -, .... .. ·----..--,,. .. . 1•1e •-..... ,c......:i•"•" , .. _, _____ ,,. .... ··----)·"·" ll,IP£R',10lJS SUftfAa: CO't'ERACE 8CYONO 7$' Of ORDINARY HIGH WATER U',Q. _,.,, ,...,, __ ,,u••" -----·-·-·" -...cu --•"•"·..,•" .---o--,-... " ••-·---· .. •" ------···' -·--·---··"•" ,,,, .......... ,o .. ,,.~-"-··-11") Qfl!IS!oPIO .. U1UCNCIJOCNI .<JIOIIIO:J 1110-ncoc-u• ll"lt •AYlAl.l.-(SOl•~I SAU "'' ... ell- "'-I A\ltl'IJl.SUIJt,00 SOU)~\4 ~*t?~ ~:~~~ \~ -"A'./ -rv,,L D. ,,,,,,,,::-.~,,,' _ .. _ .... _ ~ 0 co 0 ~o U .a 0 a. :C oo )( ~ we .J ~ ~'-,~-trf5~tJ . ~==u lo ____ =il=~ ---11 1 < ~ /"w .... / / /// f1 I I l( ', '·, "-., ' l1 L, ,·;-T I i 111 ! : 1 I : ' l . 1 1 ! I ' i ' l [_J_Li.1 f i l I i ! PORQl FOUR S&/!ON POROl -I I J ---•--·-··-·-_,j J r ---lr-..-- ---··-I I l ~· I -i--·::::1.::.::-:..:·;· -·---. .l,. I : I I · --· '; • r.::.... r. ::-:-... I : I ; :. I .·( I , I ! ~ e--1 · i LMNGROOM I - r f ---··-11 I f'i I ·i I I I I; \ I i j ~ _, .. ,. [:l[:!ij KIT<>iEN 1: i -· 1 i u :;: Ill ·: I ·:, : \:! :,-.: "{ ~ L JJ!!&l!! 'I i y I , l, ---_'t; ::::;-,:-·::_J _u .r:=:::J.:.... ____ _ ····-·-___ -:::s_:::-::i:--~r..---··· -:1 .. ,. ... · r :-::'.:""·c ... _.)_j G_ ___ ---LL--, D room name: cUent details: architect: FIRST FLOOR NEUGENT (CABIN) SALA ARCHITECTS 2110 PORTICO GREEN 11, .. ,,uo,a WAYZATA, MN 55391 contractor: ~~!'H,t,f~~~i .. 5::::.~? GATES ::, C 0-0 en +::. co ·-. "O co "O co ro - +-' 0 .E Q) ,_ m ::, C 0-0 en·- date: --co ·-. "O -.:j" "O co m - 12/08/17 scale: 1 / A II = 1 1 () I I FLOOR PLAN: CONCEPT ON t Y D A,., S h,1110 1• ,. .... usr .•u111 , .. , ,.,_,,.,o.,, ... ,.n••l -·-·---.. --[] [rlf'T1:Tl~ L~Jl_LLJ __ J roomnante: EXTERIOR PLAN client detalls: NEUGENT (CABIN) 2110 PORTICO GREEN WAYZATA , MN 55391 ., ,,..------------, :, A\\ 11 ,.,-/ ',: ,._,_ / i \ \ ,: // !! '··,,.f. I \\ ~::::=-=i ~ ---~ 1.~~1~1~1 ,--: ~I --d11,1; ,r,'i';i 1 1n 1H1t· 1 .. -m.:_1:J111} r.··~, I bl. n1 ·----· ~i--· 1 ~~ archJtecu SALA ARCHITEC TS contractor: ~AT!=~ --- date: 12/08/17 scale: 1 / 1 A II -, I I"\ !I FLOOR PLAN: PORCH EXERTIOR I C ITY OF OR PC Exhibit E #LA18-000004 R.ESOLUTION OF THE C ITY COU N C IL 6627 N O. _________ _ A RESOLUTION APPROVING VARIANCES FROM MUNICIPAL ZONING CODE SECTIONS 78-1279 & 78-1680 FILE NO. 16-3818 WHEREAS, on March 13, 2016, Christopher Neugent and Leslie Neugent (hereinafter the "Applicants"), applied for variances from the City Code for the property addressed 710 Big Island and legally described as : That part of Government Lot 6, Section 22, Township 117, Range 23 West, described as follows: Beginning at the intersection of the East line extended of Recreation Point (now vacated) with the shore of Lake Minnetonka; thence Westerly and Southerly along the shore line of said lake, to its intersection with the Southerly line extended of Lot H, said addition, vacated; thence Southeasterly through a point marked with a judicia l monument distant 165 feet from the Southeast corner of said Lot H along the Southerly line thereof, to the Southeast corner thereof, which corner is marked by judicial monument; thence Southeasterly in a straight line to the Southwesterly corner of Lot T of said addition, vacated, which corner is marked by a judicial monument; thence Easterly along the Southerly line of said Lot T to the judicial monument,; thence North along the East line of said addition, vacated, through a point marked with a judicial monument distant 320 feet from said Southeast corner of said Lott, to the point of beginning (hereinafter the "Property"); WHEREAS, the Applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1279 to allow construction of a screen porch addition to the cabin to extend as much as 5 feet lakeward of the 75-foot setback from the ord inary high water leve l ("OHWL"); and WHEREAS, the Applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78-1279 to allow construct ion of the follow ing: a screen porch addition to the north side of the cabin, an addition to the west side of the cabin within the covered porch, and a 25 'x35 ' storage garage all lakeward of the average lakeshore setback line; and WHEREAS, the Applicants have made application to the City of Orono for a variance to Orono Municipal Zoning Code Section 78 -1680 to allow an additional 183 square feet of structural hardcover within the 0-75 foot zone for a total of 943 square feet of hardcover where no hardcover is permitted and 760 square feet currently exists ; and CITY OF ORONO RESOLUTION OF THE CITY COUNCIL 6627 NO . ________ _ WHEREAS, on April 18, 2016, after published and mailed notice in accordance with Minnesota Statutes and the City Code, the Planning Commission held a public hearing, at which time all persons desiring to be heard concerning this application were given the opportunity to speak thereon; and WHEREAS, on April 18, 2016 , the Planning Commission recommended approval of the variances; and WHEREAS, on May 9 , 2016, the City Council reviewed the application and the recommendations of the Planning Commission and City staff; and NOW, THEREFORE, BE IT RESOLVED that the City Council of Orono, Minnesota hereby approves the requested variances as described above based on one or more of the following findings of fact concerning the Property: FINDINGS OF FACT: 1. This application was reviewed as Zoning File #16-3818 . The analysis contained within staff memos and the exhibits attached to the aforesaid memos, all minutes from the above mentioned meetings, and any and all other materials distributed at these meetings are hereby incorporated by reference . 2 . The Property is located in the RS Zoning District. 3 . The Property contains 2.38 acres in area and has a defined lot width of ±380 feet at the 75 ' setback and ±460 feet at the OHWL. 4. The Property is within Tier 1 and hardcover is limited to 25% according to the Stormwater Quality Overlay District. 5 . Applicant has applied for the follow in g variance[s]: a . Average Lakeshore Setback b . Lake Setback c. Hardcover within the O to75-foot zone. 6 . In considering this application for variances, the Council has considered the advice and recommendation of the Planning Commission and the effect of the proposed variances upon the health, safety and welfare of the community , existing and anticipated traffic conditions , light and air, danger of fire, risk to the public safety, and the effect on values of property in the surrounding area . 2 CITY OF ORONO RESOLU TION OF THE CITY COUNCIL 6627 NO . _______ _ ANALYSIS: 1 . "Variances shall only be permitted when they are in harmony with the general purposes and intent of the ordinance ." The variances are minimal and generally consistent with the · intent of the ordinance. 2. "Variances shall only be permitted when the variances are consiste nt with the comprehensive plan." The requested variances are consistent with the residential goals within the comprehensive plan. 3. "Variances may be granted when the applicant for the variance establishes that the re are practical difficulties in complying with the zoning ordinance. 'Practical difficulties ,' as used in connection with the granting of a variance , means that: a. The property owner in question proposes to use the property in a reasonable manner, however, the proposed use is not permitted by the official controls. The construction of t he detached garage in the proposed location and additions to the cabin are reasonable on this wooded, 2+ acre residential property . b. The plight of the landowner is due to circumstances unique to his property not created by the landowner. The Property's location (at the point of the island); the separation between the subject cabin and the neighboring cabins; the existing tree stands combined with the elevation and setback of the existing cabin on the Property in relation to the lake result in a unique circumstance not created by the landowner allowing for a the detached garage and cabin additions to be almost completely screened from views off the Property. c. The variance, if granted, will not alter the essential character of the locality." The garage and cab in additions will be screened adequately year-round, will be keeping with the style of the cabi n , and will screened from views from off of the Property. 4. "Economic considerations alone do not const itute practical d ifficulties ." T he Applicants have not requested consideration based on economic criteria . 5. "Practica l difficulties also include but are not limited to inadequate access to direct sunlight for so la r energy systems. Variances shall be granted for earth-sheltered construction as defined in Minn . Stat. § 216C.06, subd . 2, when in harmony with Orono City Code Chapter 78." T his criteria is not applicable. 3 CITY OF O RO NO RESOLUTION OF T H E C I TY COUNCIL 6 6 2 7 NO . _________ _ 6 . "The board or the council may not permit as a variance any use that is not perm itted under Orono City Code Chapter 78 for property in the zone where the affected person's land is located ." The use is permitted ; this criteria is not applicable . 7 . "The board or council may permit as a variance the temporary use of a one-family dwelling as a two-family dwelling ." This criteria is not appl icable. 8 . "The special conditions applying to the structure or land in question are peculiar to such property or immediately adjoining property." The Property is an existing lot of record and contains a large number of mature trees for screening . The topography increases as it moves away from the lake and the owner feels the proposed location is the most logical placement for a storage garage ; and the proposed additions to the cabin are logical and will not adversely impact adjacent properties . 9 . "The conditions do not apply generally to other land or structures in the district in which the land is located ." The Property is situated at the northwestern most point of the island. The proposal does not appear to be out of character with the area . 10 . "The granting of the appl ication is necessary for the preservation and enjoyment of a substantial property right of the applicant." This statement is true. 11 . "The granting of the proposed variance will not in any way impair health, safety, comfort or morals, or in any other respect be contrary to the intent of this chapter." The proposed garage and cabin additions will not impair the health, safety , comfort or morals of the public. 12 . "The granting of such variance will not merely serve as a convenience to the applicant , but is necessary to alleviate demonstrable difficulty." This statement is true . CONCLUSIONS, ORDER AND CONDITIONS: Based upon one or more of the above find ings, the Orono City Council hereby grants a variance to allow construction of a screen porch addition to the cabin 70 feet from the OHWL; and grants variances to allow construction of the following improvements lakeward of the average lakeshore setback : a screen porch addition to the north side of the cabin , an addition to the west and southwest side of the cabin , and a 25 'x35' storage garage ; and grants a variance to allow an additional 183 square feet of structural hardcover within the 0-75 foot zone for a total of 943 square feet of hardcover where no hardcover is permitted and 760 square feet currently exists , subject to the following condit ions : 1. Council approval is based on the survey by Kemper & Associates, Inc. dated 03/16/16 and building plans dated 04/19/16 submitted by the Applicants and annotated by City staff, 4 CIT Y OF ORONO R.ES OLU TI ON O F T H E C I TY COUN C I L 6 6 2 7 N 0 . _________ _ attached to this Resolution as Exhibits A & B. Any amendments to the plans which are not in conformity with City codes may require further Planning Commission and City Council review . 2 . Hardcover within the Oto 75-foot zone shall not increase above 943 square feet. 3 . Authorities granted by this resolution run with the Property not with the Applicants, but are permissive only and must be exercised by obtaining a building permit for the new construction and commencing construction of said project. A framing inspection must be completed on the cabin additions and the storage garage within one year of the date of Council approval, or the variance will expire on that date (May 9, 2017). 4. Violation of or non -compliance with any of the terms and conditions of this resolution shall constitute a violation of the zon ing code, shall automatically terminate any authority granted herein , and shall be punishable as a misdemeanor. 5 . The undersigned Applicants have read, understand and hereby agree to the te rms of this resolution and on behalf of the Applicants and the Applicants ' heirs , successors and assigns, hereby agree to the recording of this resolution in the cha in of title of the Property. ADOPTED by t he Orono C ity Council on this 9th day of May, 2016 . ATIEST: CITY OF ORONO: 5 STATE OF MINNESOTA COUNTY OF HENNEPIN CITY OF ORONO RESOLUTION OF THE CITY COUNCIL 6627 NO . _________ _ __µ, This instrument was acknowledged before me this c)Fi day of oJZllllin,bv.i 20-1J£, by Christopher Neugent, husband of Leslie Neugent. STATE OF MINNESOTA COUNTY OF HENNEPIN Notary Public This instrument was acknowledged before me this/ ffhday of D(!i--ohVl , 20&. by Leslie Neugent. wife of Christopher Neugent. ::,·.:.,,~~-~aa.e~~aa.:~~~~ . ~&-....::~ RACHEL DODGE ,1-,.,., f2 NOTARY PUBLIC -MINNESOTA °"t:.tS,.;:,Jl My Commi ssion Expires Jan.31 .2020 -.. -· Notary Public 6 KEMPER & ASSOCIATES INC . PROPT.SSIOfrU.L t»ln SURY~ORS 1'110.1-Tfk•. --.. -·•$MIi -----~ -·--·- LAKE MINNETONKA ----~-----,.-~ ':'" .. ~..:.: i;:."=".:::;- ~~..: ::,;.,_. --:St::55=- -·-·-.-.. --... -.... -----·-· ...... ~;:.~~- ~i=~i~- ~~~~: ,~~, ~~- w:::NTY MM' '"""" ~~~,,~ > ~' ,=a ~ ~ ~; ,'.< . . .','JJ: ·.· {"-.. ,~,•, />':..~•t•~I • ~-=-' -· -·" 1, . --~ ,M· .... ~.ill.~ai i,·',.:ii~-t'l,jj.iP.11-1.i~.cJi.rati! ~T*lff'N ....... ffl'T ("GIO:JIOQ.~~-'· ZI:~-~ ... ~ GENT PR.OPER. TY BIG ISLAND ORONO, HENNEPIN COUNTY. MINNESOTA o,,toPoSEJ) MAlft>CO\'tllt CAlCUl.A MHS) LAKE MINNETONKA ----·--------=~= --------- \_ CERTIFICATE OF SURVEY ' ' •:::-..:= pC£:,,.ltll>ltC ~ ::":"~~- r~--=-~~ ~~-~-t ,;t~ 1£00!0 -0 -• ---... _~ . " ~-~~!'t'~~,-. !=f.~'~~·; ~uli:·£m~ • _M,1,,...,-.;. JO!lflC..__ arr,:,-..~o:um,.~1 ~ OCSOIIP'fto. CDTinC.l'rt ('JI Tl'IU NO 1 'CQM """~ .. -t,,, .. -,,.-,,, . ... ,,._., ___ .._._. ..... -. ....... ot., __ ....__,___ t--. .... -.. ~-.......... :"::t::...':!.": ':'..:..:;--.!"~ :-, ..... ______ .., :;,:. ·.:::-~-:.::.:: :.!'!'-:. =-=-'· = ... ~ .. -...... --_____ .,,__ -.--.... ............ .. _...,_ ........ ___ _ S:..~~:.:-~E -----.-(M-.. --..-..-. ...... ..-,i--. =~~..!"'-~ .. ~-.................. ·.-c,__.n. 7~::,.'l: ... ~.:f:: ~---·"""-" ----·-----··-....... ... ~~--......... ... ~--·>1p:1.n ~-" ........... ,., fW'fac"'!lf ....... (JICIIIQ• ?7ti:I" _____ ....... ------.n ---~-... ,ii.n ~~-···" r·-------1 ,. .. ~ ... "· c,.,..,,, __ ,..,--..,. -•1'Jlu,,a) -::..-:::----------- UUNINS ._.ACC OMlt-'« ~ 7'fY"OIICMMt'l'MOt•'IDI~ -·------.. _____ ..... ~=--=- --~ ""5:.?'~ '"'=~ ---~-JI·---•mu.~.,.,.. -~~,- ~ --~ #l[.Oll-·~,..1(----·-· •11-,,.._)M') r'611t-- ~~ ?!l&,D:_ I"..:> -.J m ;;o )( I: ::ro S: i: -· -.. -· ~g 710 BIG ISLAND CITY OF ORONO, HENNEPIN COUNTY, MINNES01 :'---- " ~" u D.[V.- 928.t (01/21/201•) ~"-"---.....__ ----- LAKE MINNETONKA HKltiEST Rtcomm D.£VA1KIN-IJ1.11 (Ol/2l/}Ol4) l.O'«S1' RCCOR!>ED fl.EVAlKlN•921 .1'1 (12/18/1037) ORDINARY~ WATDI L.£'\IU.•129.4 (NCVD 21 ll.L.VATIOHS AS P0t MINNESOTA DO'AR'M'NT 0.-NAMIAl ~ "I.J,IC[ .--,i• WD!Sllt) 1':s. ul 100--'l'EAR F\.000 ll.EVATlONw 931.5 0,CMI 2t) ([STABUSHD> BY WlfriN>fAHA CRfJ}( WA 1ER'SH£D DISTRICT) -------- :.; \ __ ~··~~ \ 2-u,n 9"-<!'RUCC ~ I f',) ~~ g5 i ~ :m -:;o ~ r m < m r "'O s;: z r-------, 1---------...I L _______ _! I I ,--------, r --------1 ., ~--------, ·\01 10 1 , .,// ---', :~,~~----------~~Uii,L_ _______ ,_~ci, ( ' ' ' I I I I I I I I ' . :o, -, -----------~- l l r - I I I 1-t I ---------, LL--, I I l V ~ : : :u . ( f==j::::,::;::;:::;::;::.:::;===l=L :::::::::o:::::::::D: I I I I i r I 11 I t'i:: 0 :C?t, I L-----~ / / ' ,, \~ / '----..:i_}TlTr, I I I I I I I I I I I I ' I I I I I I I I I I 1 I I I I I I I I I I I I I ! I ;g,....1_t_L..1.J I I @) ~ l=::::=:=::=::::1:J:::::::::a :::::::::o:::::n::::::: d li\--,_e-.! _____ 4-• -~-----------, i n I rn - Resolution Exhibit B 6627 fI :-9-L-~ I I I I L.: --:.J :F h: r. -f J _ ;-i 'D' I I I I t.: ___ :.., Not For Construction NEUGENT ISLAND HOUSE 710 Big lsand Orono, MN 55356 "'II > ;; I "'~ ~ )> ~ z 'r ., m q < m r "'Cl s: z t rf --------------1 +-----if( I f I . ' ! , , ' ~ , ' , '---_.;' NEUGENT ISLAND HOUSE 710 Bi g !s an d O ron o , M N 553 56 HI I J . J l r t ' ' ~ I~ n II u 6627 Not For Construction l~ .... . ,. i ,; ' . ,. • t • 2, n : ~ ! • 8 § - i rr NEUGENT ISLAND HOUSE 710 Big !sand Orono, MN 55356 6627 Not For Construction ,~ em .~a ,. . . .. 2, n • ~ :z: t. - t 8 = n ... "' o .. s:: ~ )> ~ z 'r ~ m < m r 0 m s:: 0 r =i 6 z -0 s;: z ..... ~=--<J]L I I L;.. I I ..J I l ---... ~ ' ' f ; f '--- / ../ r ,, \ \ ) NEUGENT ISLAND HOUSE 710 Big lsand Orono, MN 55356 !I Hi r i ·, i r t . ' ~ I~ n 11 u 6627 Not For Construction :.. !~ ~ m ' ::0 Ii r m < m r 0 m s: 0 r =i 6 z "O ~ z H rf f J fi fH rr H I I If Ii ~ 1 f. ~ ~ • 1· 1 I i ; H f l r H .,/ NEUGENT ISLAND HOUSE 710 Big !sand Orono, MN 55356 6627 Not For Construction ! B ell i • ~ ), ~ l ! ~ . ~ :~ % r i = n .. "' ~ ~ ;i; :::u . --i 'I ~ m ~ --i m r m ~ '-I 0 z 6627 ~,...._.Ill ..._., I i I Effl ~~-i I s 11 I\ . . . :: r/.1W .:H, ~ :: ~f.\1 . ~ u---' '11==:~~ I ll I ~. EB ·~ ~!==~I II ' i ~ rr ,-c- f i , f i i f . f n... ___ I I I I I I I I u----~11:tt.: J I Ill I I I I I I l 11111 1 I I I ....... c..,.. ..... -I I Il l 1 11 11 I/'-~~~ . I\ : ti II fl . :t-1~ AJ jl~ t _]: . :t '', l. t_ . p l V V 1 V Not For Construction NEUGENT ISLAND HOUSE f ~ ,. ~i ; ,w "'II 71 0 Big !sand Orono, M N 55 356 .ii.. > . ~ .. ~ • n ~ ~ ! • ~ § -' ~ z .. 0 ~ :;o . -{ . :r: ~ ~ m (J) -{ m ,- m i '-i 5 z [1----+--,..,...-n+-r,,.,---l-+~-+-------.....+--., I I I I I I U----~~ NEUGENT ISlAND HOUS E 710 Big lsand Orono, MN 55356 6627 Not For Construction ~ p ;:II i . ~ > ~ ~ f > I d ~ . ~ ~ ~ ::c ~ i = t'I ... "' " C/) ~o ~ C " -i "I ~ ~ m C/) '-i m ' m ~ '-t 0 z ~ if I ,..__, I i 1 I w . '! 1• I ' qi H f l ;: ' i ,1 H I El I I ti I 111 =u NEUGENT ISLAND HOUSE 710 Big !sand Orono, MN 55356 6627 Not For Construction I H ~. !. { ! ~ ~ : ! ! ~ ~ 9 -. ,, ... fji'f I 1 •j_ I ! ; '" ti . ! i NEUGENT ISLAND HOUSE 710 Big !sand Orono, MN 55356 6627 Not For Construction ,. "'II §i. e ii > L ~ ::;~ X ~i ~ . . 111i r ~ : e . . { ~ 1· 1 ! ~ :!! r., ::0 ;; m : -0 ~ ~ m CD C r 0 z G') (J) m (") -I 5 z NEUGENT ISLAND HOUSE 710 Big !sand Orono, MN 55356 6627 Not For Construction Ii ~. !, n t:~ % ~i = n ... "' m,-, 0 ! I : G) Ii m CD C r 0 z G) en m (") -I 6 z !1 ~ ~ )> ~z ·r ~ m q < m r G) )> ~ G) m -0 ~. z NEUGENT ISLAND HOUSE 710 Big lsand Orono, MN 55 356 6 6 2 7 Not For Construction H H >II i o ~i ;: ~~ H ,.. ! ~ ! ; ~ ~~ ~~ :c :::: Ir,. :a: - q 9 -- f'- N '° '() ~-1-· -·- @-NORTH GARAGE ELEVATION • -HEE] ,-.-: o·---~= r- I , L _ _, 3 \ SOUTH GARAGE ELEVATION 7.0/ SCALE 1/4" • \'Q =fffil ~ -----, '-_.J I '-....J ,.......,,,.. ........ ...... -c.,--... -... ..... ,__,_.__ "·- ~--... -... .... I L _ _, r -------------------_. ..... _-, ' I '-_, 2 WEST GARAGE ELEVATION .7 .0. SCALE. I~· • 1'..o"' -",, - ,------------------------, I , , I L ~ '--' 4 \ EAST GARAGE ELEVATION .7 .OJ SCALE· 1W • 1'.(J"' !B C: --· 0 liWIIIUII ... u ,_....,.. .. -""'-'"' "-=t, .... _u. 0 u.. -0 z ........ ~··· -.... ~ '-~··-...... -..... SALA ARCHITECTS 'Al 4AIC.COM MINNu.,ou, f •12.l79.30l7 f 612,31J.OOOJ :n , f ~ A\11: #200 ••••ilArOUS MN.U.fl.f ITIUWAfll TUI.JSlO'l•I • .Sl.3Jl.1>l7 '°4SOU1rt ,111 JlillfT sruw ... ne.-non w V\ :J 0 I 0 ,0 Ln z -u ff\ C lJ\ ~ re .,., ~z .S?'~ V\ dl ' -0 0 ~ .-C "0 ... z 0 w \] :J w z ~ Jl<l!MUJ/'._t __ _ ~-"''"'""''':..'---"!'_'~'-· - ===-~=-~.:. A7.o ST A TE OF MINN ES OT A ) ) ss COUNTY OF HENNEP IN ) The undersigned , being duly qualified and appointed City Clerk oftl:ie City of Orono ,· Minnesota, certifies that I compared the foregoing resolution adopted at th e.me~ing of the Orono City Council on May 9 , 2016 , with the original thereof on file in my o.ffice , and the same is a correct transcription th ereof. ~:;,~.:-.-.'.',\\\\,, · -=---~. :,'\\ ; J ·' 1'-..l • '1 \ th WITNESS my hand offi c ially as such City Cl erk and the cf~~~,~~~[~f <i}\ t?is II day of Octob er,201 6 . f o;."-: ',:,'.···-! ·u~. ·. :~,· ... ~.~' .. i.i ~~-1 •• '.1 ., : w ~. ,' ! ··~. /!;·');~ l(~, ( . . .·',) ,. • // .· ', . . ~~ ·'t:-" • ··~~~· ... : . . • :::>} .. ~~ .. 'J.;,. e T ie gs,.Gi.(t~t~ti: :-.,/.-:" ~;:a·~? .:ff <· 'u "I'-. >o>u•• \-\.. ..:;-'• >\) V r.~ 'T .,. '\\· -H '!'i,.' _-;:; ., ·,\\\\'-" ~,'-"-'....:_... r' •'' ,,, ! • ~ • . . ' ,$ '· _<_::· RUN UATE: 12/18/2017 HENNEPIN COUNTY PROPERTY INFORMATION SYSTEM (PROPERTY OWNERS LIST) 38 22-117-23 24 0001 GERALD A ERICKSON JR ET AL 720 BIG ISLAND ORONO MN 55331 GERALD A ERICKSON JR 4567 AMERICAN BLVD W MINNEAPOLIS MN 55437 38 22-117-23 24 0006 RECREATION POINT LLC 38 ADDRESS UNASSIGNED ORONOMNOOOOO RECREATION POINTLLC 387 MARGARET CIR WAYZATA MN 55391 38 22-117-23 24 0008 RECREATION POINT LLC 700 BIG ISLAND ORONO MN 55331 RECREATION POINT LLC 387 MARGARET CIR WAYZATAMN 55391 38 22-117-23 24 0009 C NEUGENT & LESLIE NEUGENT 710 BIG ISLAND ORONO MN 55331 CHRISTOPHER NEUGENT LESLIE NEUGENT 21 JO PORTICO GREEN WAYZATAMN 55391 38 22-117-23 24 0010 THELMA L BRYSON 690 BIG ISLAND ORONO MN 55331 THELMA L BRYSON 3082 WILLOW DR MEDINA MN 55340 38 22-117-23 24 0011 WE BRYSON II & TL BRYSON 670 BIG ISLAND ORONO MN 55331 WILLIAM E BRYSON II THELMA L BRYSON 3082 WILLOW DR MEDINA MN 55340 Hennepin County has developed electronic fo1111s of ccnain propcny information databases. Hennepin County makes reasonable cffons to produce and publish the most current property information available. The viewer should understand, however, that Hennepin County makes no repre se ntation or warranties , either express or implied . or a.11;. lo merchantability or fitness for a particular purpose regarding the accuracy and/or completeness of the information contained herein . PC Exhibit F #LA 18-000004 H Hennepin C ounty Locate & Not ify M ap Provided By: Resident and Real Estate Services Date : 12 PC Exhibit G #LA 18-000004 •• •• •• • 22-117-23-22 22 -117-23-23 22 -117-23 -32 Buffe r Size: 350 feet Map Comments: 71 O Big island 22 -117-23-24-0009 • (11) (35) Ill) 22-117-23-21 •• •• • •• •• 22-1 17-23-24 22-1 17 3-24 (26) 22 -1 H 23 -31 •• •• •• ... • •• •• •• 0 60 120 I 1 , 1 I , •• •• •• •• 240 ft ' I For more information contact: Hennepin County GIS Office 300 6th Street South Minneapolis, MN 55487 gis.info@hennepin.us 12 January 2018 Brian Dahl 3500 Vicksburg Ln NW Suite 400-351 Plymouth, MN 55447 REQUEST FOR FURTHER INFORMATION SUBJECT : Zoning Application #18-4003 CITY OF ORONO Street Address: I Mailing Address: I Telephone (952) 249 -4600 2750 Kelley Parkway P.O . Box 66 Fax (952) 249-4616 Orono, MN 5535 6 Crystal Bay, MN 55323 www.ci.orono.mn.us The City of Orono is required to notify you within fifteen (15) business days as to the status of your application for variances for property located at 710 Big Island. Below is a list of items the City of Orono is requesting to complete our review. 1. Digital Copies of All Plan Submittals. 2. Hardcover Calculations . All proposed hardcover shall be calculated on the hardcover worksheets that are attached. The hardcover calculations must be completed by your surveyor. 3. Certified Property Owners List, Map, & Labels. Certified list of property owners within 350 feet of the subject property, labels, and plat map must be submitted. You can create, save digital files, and print the list, labels, and map by using Hennepin County's online tool. The instructions are attached. Application #18-4003 is incomplete . If you wish to proceed with your application please submit the items requested above by Wednesday, January 17th in order to remain on the February Planning Commission agenda. Please contact me at 952.249.4627 or email at mcurtis@ci.orono.mn.us should you have any questions. Sincerely, CITY OF ORONO Melanie Curtis Planner enclosure copies via email: Chris Neugent City of Orono Variance Application Street Address: 2750 Kelley Parkway Orono, MN 55356 Main : 952-249-4600 fax : 952-249-4616 Mailing Address: P.O. Box66 Crystal Bay, MN 55323-0066 Application # I 0 -l-t {JO ? Date Received : \ -1,,1 'ZVf / l 4' Staff: Fee: :"1~ Escrow: $700 / $2,500 Notes : Please complete. Applicant will be notified within 15 days as to the status of the application . Incomplete applications will not be placed on Planning Commission Agenda. SITE LOCATION: 4(Q ;::f),1 ~u::J DESCRIPTION OF REQUEST: (attach additional sheets as necessary) APPLICANT INFORMATION: ~heck here if A~ Applicant: licant address sho Id be used for billing ... Phone (Primary): Mailing Address: Email: • Certify that the information supplied is true and correct to the best of his/her knowledge . The applicant and property owner recognize that they are solely responsible for submitting a complete application being aware that upon failure to do so, the staff has no alternative but to reject it until it is complete or to recommend the request for denial of the request regardless of its potential merit. • The Property Owner hereby acknowledges and agrees to this application and further authorizes reasonable entry onto the property by City Staff, consultants, agents, Commission and Council Members for purposes of investigation and verification of this request. • Property Owner and/or Applicant acknowledge they must be present at all scheduled review meetings of the Planning Commission and Council. If an applicant and/or property owner is unable to attend a scheduled meeting, please make arrangements to have an authorized representative attend in place of the applicant/owner and advise the City Planner assigned to your project . • Applicant Signature: Date: ,z.._ \ 2--· IT Applicant Signature: Date: Property Owner Signature: Date: Property Owner Signature: Date: Variance Application -January 2017 Page4 #4003 • City of Orono Variance Pre-Application Meeting Form (This form is to be completed by a City Planner during your pre-application meeting.) For Office Use Only : City Planner: Meeting Date/Time : PC Date: _____________ _ Met with : What is the purpose of a pre-application meeting? Pre-application meetings aid the applicant in preparing a complete proposal, inform them of the procedures and requirements of the city code, and identify policies or regulations that create opportunities or problems for the proposal. PROPERTY INFORMATION: ., -,--I \ Site Address: _r_ ( D :1;:>\'c, ~v.:::::- Property Identification Number (PIN): _\ ______________________ _ Zoning District: ______ Size of Property : DESCRIPTION OF VARIANCE REQUEST: D Average Setback D Side Yard Setback D Hardcover D Lot Coverage D Other: D Rear Yard Setback D Lot Area D Lake/Front Yard Setback D Lot Width tJtf ~\~~nt's PRACTICAL DIFFICULTIES: Owner and/or Applicant has received the Practical ~------+--===-----1 Difficulties Documentation Form, understands it as it has been explained to them, and is Property aware that it must be completed and submitted in conjunction with their formal variance Owner's application . Initials: tJtf~\~~nt's BILLS AND ESCROW: Owner and/or Applicant shall pay for consultant expenses incurred ~==-----'l::~~~ in review of this application and/or additional staff time not covered in initial application fee, Property as well as provide an escrow in the amount of$ to guarantee payment of the Owner's above. Initials: OTHER INFORMATION: *Please note: Your variance appl ication wil be accepted without a pre-application meeting during which this form will be completed by City staff. Owner Signature : ---------"-------- ~ Variance Application -January 2017 Page3 Date : . I?-· 1h I} Date: _____ _ #4003 • 38 22-117-23 24 0001 GERALD A ERICKSON JR 4567 AMERICAN BL VD W MINNEAPOLIS MN 55437 38 22-1 17-23 24 0006 RECREATION POINT LLC 387 MARGARET CIR WAYZATAMN 55391 38 22 -117-23 24 0008 RECREATION POINT LLC 387 MARGARET CIR WAYZATAMN 55391 38 22-117-23 24 0009 CHR ISTOPHER NEUGENT LESLIE NEUGENT 2110 PORTICO GREEN WAYZATAMN 55391 38 22-117-23 24 0010 THELMA L BRYSON 3082 WILLOW DR MEDINA MN 55340 38 22-117-232400 1 1 WILLIAM E BRYSON II THELMA L BRYSON 3082 WILLOW DR MEDINA MN 55340 Pat: avery.com/patents Easy Peel· Address labels Bend along line to expose Pop-up Edge• aiquettes d'adresse Easy Peel9 Reonez, la hac:hureafln de r6wler le ll!lbord Poo-uD• Go to avery.com/templates : UseAwryTemplate5960 I #4003 Allez ~ avery.ca/gabarfts : 1111n.-i..r..ah:.ott.a.-,,:a,;n ,